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showders
Hi

Was pulled over last night and asked to sit in the back of a police car. After telling me he saw me go through a red light said he was giving me a fixed penalty notice. I told him the light wasnt red(which it wasnt!) and it was amber and as me being in a large van would have been unsafe for me to slam on the ankers, especailly in the wet conditions. As usual, him being the law, was not wrong and here is your receipt sir!

My questions are!

What are the chances of a judge taking my word over his? (ive never been in trouble before, will this help?)

If i go to court and lose, how much will the 60 pound fine rise to?

I had a passenger in the van with me, will them also testifying it wasnt red help at all?

Thanks
Teufel
stricly one persons word in court is as good as the next
howver magistrates tend to believe plod more than the accused
(thy shouldnt but thats how it is - it saves them time)

plod can often be seen as an expert on certain matters
given their experience

you+passenger witness should overcome plod
if you get your facts and story straight

did he caution you ?
did he note your statements at the time ?
showders
Caution? As in, right to remain silent and all that??

If so, then no he didnt! Just said that was a red light you went trough, i said no it wasnt, but he replied well im going to give you a ticket.

Trouble is he asked me to sign the yellow ticket, i asked him what for amd he said "its not to admit your guilt, its just to say you have recieved it!"

Is this true, i hope i havent signed anything that incriminates me?

Trouble is, im pretty sure he wasnt even behind me, im sure they were coming down a road which i crossed, i.e, i think they just assumed mine was red as theres would have been changing to green. Again, does this make any difference and do they have to tell me what road they were on?

Just really angry as i know it wasnt red and he had no intention but to give me a ticket!

Thanks
crystal
Hi,

How they knew the light was red is important.

Back a few years I was stopped for passing a red light, I said it was amber (and I was not doing a emergency stop in the wet on a bike) plod said it was red here is your ticket and thanks for your licence you can have it back with the points.
I noticed in the car they were using a stopwatch, I went backto where they were parked (I has seen them) and they were passed the lights and could not see my set of lights. They were timing bases on the filter light from the other direction.
I then went to the traffic control center and asked about cameras on those lights. (TO talk to me they had to tell the plod concerened) There were no camera but some lights(and thease) work on electromagnetic relays they are not consistanly accurate and so cannot be timed or it be case of if it was amber for the it was red for you (it should be but it cannot be guarenteed on these lights hence the delay on timings)
So I start to prepare a challange - 2 days later a got my clean licence back with a letter saying they had decided not to pursue the matter.

Does that help
Regards
Crystal
gas man
if you ever get stopped by the police and accused of this offence, DO NOT say the light was on amber.

it was on GREEN.

if you say amber the pig will say 'When was the last time you read your highway code' or make some other equally cocky comment. in the highway code red and amber BOTH mean stop.

if you be polite, say it was green and when, and only when, he produces his ticket book say 'im prepared to fight this in court'. he may then think twice. this is by far and away the best tactic to use.
MaceWindu
QUOTE (showders @ Tue, 8 Aug 2006 - 13:29) *
Caution? As in, right to remain silent and all that??

If so, then no he didnt!


It's:

QUOTE
You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence.


If he didn't say that to you, then you were not under caution, therefore anything you said cannot be used in court. Unless it was a significant statement, which changes the ball game, I think.
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